THE GOVERNMENT REGULATION CONCERNING FOOD LABELS AND ADVERTISEMENTS
Hereinafter referred to as:
(1) Anybody producing or importing packaged food into the territory of Indonesia for trading shall put. labels on, in and or as part of food packages.
(2) he labelling as meant in paragraph (1) shall be done in such a way so as not to easily come off, fade or be damaged, and shall be placed in a visible and readable position of food packages.
(1) The labels as meant in Article 2 paragraph (1) shall contain information on the relevant food.
(2) The information as meant in paragraph (1) shall at least have the following details:
Apart from the information as meant in Article 3 paragraph (2), certain processed food can be required by the Minister of Health to include other particulars connected with human health in label information pursuant to this government regulation.
(1) The information and or statements on food in labels, with regard to writing, pictures or any other shapes, shall be true and shall not be misleading.
(2) Anybody shall be prohibited from giving information or statements on food being traded through, in and or with labels if the information or statements are not true or misleading.
(1) Statements on the benefit of food to health in labels shall only be included if they are supported by scientific facts which can be accounted for.
(2) Further provisions on the procedure and requirements for including statements on the benefit of food to health as meant in paragraph (1 ) shall be stipulated by the Minister of Health.
Labels shall not bear statements or information in whatever forms claiming that the relevant food can function as a medicine.
Anybody shall be prohibited from including names, logos or identities of institutes conducting analyses of relevant food products in labels.
Anybody producing or importing packed food into the territory of Indonesia for trading shall be prohibited from using labels which fail to meet the provisions stipulated in this government regulation.
(1) Anybody producing or importing packed food into the territory of Indonesia for trading and declaring that the said food is permissible for Moslems, shall be responsible for the truth of the statement and put the information or word "halal" on labels.
(2) The statement of "halal" as meant in paragraph (1) shall constitute an inseparable part of labels.
(1) In order to support the truth of the "halal" statement as meant in Article 10 paragraph (1), anybody producing or importing packed food into the territory of Indonesia for trading shall have the said food first examined by accredited inspection agencies pursuant to the laws in force.
(2) The examination as meant in paragraph (1) shall be conducted according to the guidelines and procedures laid down by the Minister of Religious Affairs by taking account of the considerations and suggestions given by competent religious institutions.
By observing the provision in Article 3 paragraph (2), the main part of labels shall at least contain the following details :
(1) The main part of labels shall at least contain writing about the information as meant in Article 12 which are arranged in an orderly, not crowded manners, clearly and placed in an easily readable position.
(2) The use of backgrounds, in the form of both pictures, colours and other decoration, which can obscure the writing in the main part of labels as meant in paragraph (1) shall be prohibited.
The main part of labels as meant in Article 12 shall be placed on the side of packages of food which allow the public to easily see, observe and/or read.
Details in labels shall be written or printed by using the Indonesian language, Arabic figures and Latin letters.
(1) The use of languages, figures and letters other than the Indonesian language, Arabic figure and Latin letters shall be allowed as long as their equivalents are not available or can not be made, or in the framework of international trade in food.
(2) Letters and figures contained in labels shall be clear and easy to read.
(1) Names of food products shall reflect their true properties and/or conditions.
(2) The use of names of certain food products already existing in the Indonesian National Standards can be enforced compulsorily by decrees of technical ministers.
(3) In the case of the use of names other than those included in the Indonesian National Standards, the names shall be ordinary or common, by observing the provision in Article 5 paragraph (1).
(1) In the case of food products already fulfilling the requirements for names of food products stipulated in the Indonesian National Standards, the relevant products can use names of kinds of food products already stipulated.
(2) In the case of the names of kinds of food products as meant in paragraph (1) not yet being set forth in the Indonesian National Standards, the relevant food products can use names of kinds of food products stipulated by technical ministers as long as the products fulfil the requirements for the use of names of kinds of the relevant food products.
(3) Food products failing to fulfil the requirements stipulated in the Indonesian National Standards or by the technical ministers as meant in paragraph (1) shall be prohibited from using names of kinds of food products given to food products already fulfilling the requirements stipulated.
Part Five
Information on ingredients used
(1) The information on ingredients used in the activities or processes of production of food shall be mentioned on labels as a list of ingredients in the order starting from the ingredient which has the largest proportion, except vitamins, minerals and other nutritional supplements
(2) Names used for ingredients which are used in the activities or processes of production of food products as meant in paragraph (1) shall be names which are normally used.
(3) If the names of ingredients which are used in the activities or processes of production as meant in paragraph (1) have already been stipulated in the Indonesian National Standards, the names shall only be allowed to be mentioned on labels in the case of names of the relevant ingredients already fulfilling the requirements stipulated in the Indonesian National Standards.
(1) Water which is supplemented shall be contained as a food composition, unless the water is part of ingredients which are used.
(2) Water or ingredients in food which wholly evaporate during the processing of food shall not be necessary mentioned.
The attaching of statements to labels that food has already been supplemented, enriched or fortified by vitamins, minerals or other nutritional supplements shall not be prohibited as long as the statements are true and not misleading.
(1) Groups of food additives shall be mentioned on labels of food containing food additives.
(2) If the food additives which are used have names and/or international codes, the names and international codes shall be mentioned on labels of food, except food additives in the form of colouring agents.
(3) In the case of food additives being in the form of colouring agents, in addition to the groups and names of food additives, indexes of the relevant colouring agents shall be mentioned on labels.
Part Six
Statement on net weight and net content of food
Net weight and net content shall be referred to the following metric units :
a. measurement of content for liquid food;
b. measurement of weight for solid food;
c. measurement of content or weight for semi-solid or thick food.
Food using a liquid medium shall also be accompanied by information on net weight after being deducted by the liquid medium.
Labels containing information on doses of use shall present information on the net content or net weight per dose.
Part Seven
Information on name and address
(1) The name and address of the party producing food shall be mentioned on labels.
(2) With regard to food imported into the territory of Indonesia, in addition to the information as meant in paragraph (1), the name and address of the party importing food into the territory of Indonesia shall also be mentioned on labels.
(3) If the party which imports food into the territory of Indonesia as meant in paragraph (2) is different from that distributing the food in the territory of Indonesia, in addition to the information as meant in paragraph (2), the name and address of the distributor shall also be contained in labels.
Part Eight
Date of expiration
(1) The date, month and year of expiration as meant in Article 3 paragraph (2) shall be clearly mentioned on labels.
(2) The date, month and year of expiration as meant in paragraph (1) shall be contained after the words " best used before", in accordance with kinds and shelf lives of the relevant food.
(3) In the case of food products having the expiration period for more than 3 (three) months, the reference of only the month and year of expiration shall be allowed.
Food trading involving food products which surpass the date, month and year of expiration as contained in labels shall be prohibited.
Anybody shall be prohibited from :
a. erasing, removing, covering, replacing labels of and , re-labelling food being distributed;
b. substituting the date, month and year of expiration of food being distributed.
Part Nine
Registry Number of food
In the framework of the distribution of food, processed food obliged to be registered in accordance with provisions of laws in force, which are produced in the country and imported into the territory of Indonesia, shall have the registry numbers mentioned on labels of the relevant food.
Part Ten
Information on production code of food
(1) Production codes of processed food shall be contained in labels, containers or packages of foods and be placed in a position easy to see and read.
(2) The production codes as meant in paragraph (1) can at least provide information on the production history of the relevant food.
Part Eleven
Information on content of nutrition
(1) Information on the content of nutrition of food shall be contained in labels of the food :
a. being accompanied by statements that the food contains vitamins, minerals and or other kinds of nutrition supplemented; or
b. being required on the basis of provisions of laws in force in the fields of food quality and nutrition, to supplement vitamins,. minerals and/or other kinds of food nutrition.
(2) The information on the content of nutrition of food as meant in paragraph (1) shall be contained in the following order :
a. total volume of energy, with specification based on amounts of energy which are derived from fat, protein and carbohydrate.
b. total volumes of fat, saturated fat, cholesterol, carbohydrate, fibber, sugar, protein, vitamins and mineral.
(3) If the labelling of content of nutrition is used for certain food products, labels of the food shall contain the following matters :
a. dose of use;
b. volume of doses per package;
c. content of energy per dose of use;
d. content of protein per dose (in gram);
e. content of carbohydrate per dose (in gram);
f. content of fat per dose (in gram);
g. percentage and figures of nutrition adequacy number recommended.
(1) The statements on labels that food is a source of a nutrition substance shall not be prohibited as long as the volume of nutrition in the relevant food is at least 10% higher than the recommended daily nutrition adequacy volume in a dose for the food.
(2) The statements on labels that food contains a nutrition substance more superior than other food products, shall be prohibited.
Part Twelve
Information on irradiation of food and genetic engineering
(1) The words IRRADIATED FOOD, aim of irradiation shall be contained at labels of food subject to irradiation treatment, and in the case of the food being not allowed to be irradiated again, the words NOT TO BE RE-IRRADIATED must be
contained.
(2) In the case of food subject to the irradiation treatment as meant in paragraph (1) being ingredients used in certain food products, the information on the radiation treatment of ingredients which are irradiated on labels shall be enough.
(3) In addition to the writing as meant in paragraph (1), special logos of irradiated food can also be contained in labels.
(4) Besides information as meant in paragraph (1), the following matters shall be contained in labels :
a. name and address of the irradiation service provider, in the case of irradiation not being done by the producer of food;
b. date of irradiation in month and year;
c. name of country where irradiation is done.
(1) The words GENETICALLY ENGINEERED FOOD shall be contained in labels of food resulting from genetic engineering.
(2) In the case of food which results from, genetic engineering as meant in paragraph (1) being ingredients used in certain food products, the information on genetically engineered ingredients of foods resulting from the genetic engineering on labels shall be enough.
(3) In addition to inclusion of words as meant by paragraph (1), the Label may contain special logo of food resulting from genetic engineering.
Part Thirteen
Information on Foods Made of Natural Raw Materials
(1) Foods made of natural raw materials can be assigned with label containing information that the food originates from the natural materials, if the food contains relevant natural materials not less than minimum content as specified in the Indonesian National Standards.
(2) Foods made of natural raw materials that have undergone advanced process, is obliged to be labeled with information indicating that the relevant materials have undergone the advanced process.
On the label of foods that is made without or only partly using natural raw materials is prohibited to mention statement or information that the relevant food is totally made of natural materials.
Part Fourteen
Other Information in Label on Certain Processed Food
Information in the label on processed food that is purposed for babies, children under five, pregnant or breast-feeding mothers, people who take special diet, elderly people, and people with certain diseases, is obliged to contain information on purposes, method of use, and or other necessary information, including on effects of the food to human health.
(1) On Label for processed food that need preparation and or to be used with certain method, is obliged to mention information on method of preparation and or method of use.
(2) If the inclusion of information as meant in paragraph (1) is impossible to be conducted on the Label, then the relevant information shall at least be mentioned on the container or packing of the Food.
In the event quality of a food depends on the storage method and requires special preparation method, then instruction of storage method must be mentioned on the label.
Label of food that is made of semi-finished materials or finished materials, is prohibited to contain information or statement that the food is made of fresh materials.
Further provisions required in implementation of the provisions as contemplated in articles 39, 40 and 41 shall be stipulated by the Health Minister.
Part Fifteen
Information on Additive Raw Materials
(1) In addition to information as contemplated in article 3 paragraph (2), on label of food additive materials is obliged to mention:
a. writing food additive;
b. classification name of food additive;
c. name of food additive, and or international code number it has.
(2) Further provisions on method and requirements of food additive label shall be regulated by the Health Minister.
CHAPTER III
FOOD ADVERTISEMENTS
Part One
General
(1) Every advertisement of food which is traded shall contain true and illuminating information on food, both in the form of pictures and/or voice, statements and/or any other forms.
(2) Every advertisement of food shall not contravene norms of decency and public order.
(1) Anybody producing and/or importing food into the territory of Indonesia for trading shall be prohibited from including untrue and/or misleading statements and/or information in advertisements.
(2) Publishers, printers, licensees of radio or television broadcasting, agents and/or any medium used for disseminating advertisements shall share responsibility for the contents of untrue advertisements, unless the relevant parties have already taken actions needed to examine the truth of contents of the relevant advertisements.
(3) For the interest of supervision, publishers, printers, licensees of radio or television broadcasting, agents and/or any medium used for disseminating advertisements shall be prohibited from keeping in secrecy the identities, names and addresses of advertisers.
Anybody stating in advertisements that food traded is in accordance with requirements of certain religions and beliefs shall be responsible for the truth of the statement.
(1) Advertisements shall be prohibited from being made in whatever forms for broadcasting and/or dissemination to society by means of discrediting other food products.
(2) Advertisements shall be prohibited from merely displaying children below 5 (five) in whatever forms, unless the food is designed for children below 5 (five).
(3) Advertisements of certain food containing high-grade ingredients which can endanger and/or disturb the growth and/or development of children shall be prohibited from being published through whatever media specially intended for children.
(4) Advertisements of food for infants up to 1 (one) year old shall be prohibited from being published in mass media, except in special printed media for health, after securing approval from the Minister of Health, and information that the relevant food is not a substitute for mothers' milk must be contained in the relevant advertisements.
Part Two
Advertisements of food connected with nutrition and health
Statements in whatever forms on benefits of food to health which are contained in advertisements in mass media shall be accompanied by information supporting the statements on the relevant advertisements clearly so as to be easily understood by society.
(1) Advertisements in mass media stating that the food is food designed for people on a special diet shall contain elements of food supporting the statement.
(2) In addition to information as meant in paragraph (1), advertisements shall also contain information on contents of food nutrition as well as impacts which may arise if the food is consumed by other people who are not on a special diet.
Advertisements shall be prohibited from containing information or statements that the food is a source of superior energy and promptly produces strength.
Part Three
Advertisements of food for certain groups of people
(1) Advertisements of food for infants and/or children below five shall contain information on its indication.
(2) In addition to information as meant in paragraph (1), the advertisements shall also contain warnings about the negative impacts of the relevant food on health.
Advertisements of processed food containing materials which can disturb the growth and/or health of children shall contain warnings about the negative impacts of the food on the growth and health of children.
Advertisements shall be prohibited from containing statements or information that the relevant food can function as a medicine.
Part Four
Advertisements connected with origin and nature of food materials
Advertisements of food which is made without or partially uses natural raw materials shall be prohibited from containing statements or information that the relevant food is wholly made of natural raw materials.
Advertisements of food which is made of semi-finished ingredients or finished ingredients shall be prohibited from containing statements or information that the relevant food is made of fresh materials.
Advertisements containing statements or information that the food has already been enriched by vitamins, minerals and other nutrition supplements shall not be prohibited, as long as the enrichment is done correctly upon the processing of the food.
Food made of or derived from certain natural materials can only be advertised as the food derived from the natural raw materials, in the case of the food containing the relevant natural minerals not less than the minimum requirements set forth in the Indonesian National Standards.
Part Five
Advertisements of alcoholic drinks
(1) Anybody shall be prohibited from advertising alcoholic drinks in whatever mass media.
(2) The alcoholic drinks as meant in paragraph (1) shall be drinks containing ethanol (C2H50H) which is more than or equal to 1% (one percent).
CHAPTER IV
SUPERVISION
Part One
Institution
Supervision over the implementation of provisions on labels and advertisements shall be done by the Minister of Health.
Part Two
Inspectors
(1) In implementing the provision as meant in Article 59, the Minister of Health shall appoint officials for executing tasks of inspection.
(2) The inspectors as meant in paragraph (1) shall be selected and appointed by the Minister of Health on the basis of certain expertise mastered.
(3) The inspectors as meant in paragraph (1) shall be appointed and relieved by the Minister of Health.
CHAPTER V
ADMINISTRATIVE SANCTIONS
(1) Anybody violating the provisions as meant in this government regulation shall be subjected to administrative sanctions.
(2) The administrative sanctions as meant in paragraph (1) shall include :
a. written warnings;
b. prohibition from distributing food products for a certain period and/or order to withdraw food products from distribution;
c. destroying food if the food is proven to endanger health and human life;
d. discontinuation of production for a certain period;
e. imposition of a fine totalling Rp 50,000,000.00 (fifty million rupiahs) at the maximum, and/or
f. revocation of production or business licences.
(3) The administrative sanctions as meant in paragraph (2) letters b, c, d, e and f can only be imposed after the written warnings as meant in paragraph (2) letter is issued three times.
(4) The administrative sanctions as meant in paragraphs (2) and (3) can be imposed by technical ministers in accordance with their areas of authority on the basis of input from the Minister of Health.
CHAPTER VI
TRANSITIONAL PROVISION
Upon the enforcement of this government regulation, all laws on labels and advertisements already existing and contravening this government Regulation shall be declared null and void.
CHAPTER VII
SPECIAL PROVISION
The provisions on labels and advertisements as meant in this government regulation shall not be effective for :
a. food whose package is too small, so that it is impossible to contain all kinds of information as meant in this government regulation; .
b. food directly sold and packed before buyers in a small number;
c. food sold in a large amounts (bulk);
CHAPTER VIII
CLOSING PROVISION
This government regulation shall come into force 1 (one) year as from the date of promulgation.
For public cognizance, this government regulation shall be promulgated by placing it in Statute Book of the Republic of Indonesia.
Promulgated in Jakarta
On July 21, 1999
THE MINISTER OF STATE/SECRETARY
sgd
MULADI
Stipulated in Jakarta
On July 21, 1999
THE PRESIDENT OF THE REPUBLIC OF INDONESIA
Sgd
BACHARUDDZN JUSUF HABIBIE
ELUCIDATION
ON
GOVERNMENT REGULATION
NO. 69/1999
ON
FOOD LABELS AND ADVERTISEMENTS